Effective - 28 Aug 2004
304.035. Stop required at railroad grade crossing, when — commercial motor vehicles, speed at crossings — penalty. — 1. When any person driving a vehicle approaches a railroad grade crossing, the driver of the vehicle shall operate the vehicle in a manner so he will be able to stop, and he shall stop the vehicle not less than fifteen feet and not more than fifty feet from the nearest rail of the railroad track and shall not proceed until he can safely do so if:
(1) A clearly visible electric or mechanical signal device warns of the approach of a railroad train; or
(2) A crossing gate is lowered or when a human flagman gives or continues to give a signal or warning of the approach or passage of a railroad train; or
(3) An approaching railroad train is visible and is in hazardous proximity to such crossing; or
(4) Any other traffic sign, device or any other act, rule, regulation or statute requires a vehicle to stop at a railroad grade crossing.
2. No person shall drive any vehicle through, around or under any crossing gate or barrier at a railroad crossing when a train is approaching while such gate or barrier is closed or is being opened or closed.
3. No person shall drive a vehicle through a railroad crossing when there is not sufficient space to drive completely through the crossing.
4. No person shall drive a vehicle through a railroad crossing unless such vehicle has sufficient undercarriage clearance necessary to prevent the undercarriage of the vehicle from contacting the railroad crossing.
5. Every commercial motor vehicle as defined in section 302.700 shall, upon approaching a railroad grade crossing, be driven at a rate of speed which will permit said commercial motor vehicle to be stopped before reaching the nearest rail of such crossing and shall not be driven upon or over such crossing until due caution has been taken to ascertain that the course is clear. This section does not apply to vehicles which are required to stop at railroad crossings pursuant to section 304.030.
6. Any person violating the provisions of this section is guilty of a class C misdemeanor.
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(L. 1977 H.B. 220 § 1, A.L. 1988 S.B. 676, A.L. 1992 S.B. 765, A.L. 2001 S.B. 244, A.L. 2004 S.B. 1233, et al.)
Structure Missouri Revised Statutes
Title XIX - Motor Vehicles, Watercraft and Aviation
Chapter 304 - Traffic Regulations
Section 304.001 - Definitions for chapter 304 and chapter 307.
Section 304.009 - Speed limit — violation, penalty.
Section 304.012 - Motorists to exercise highest degree of care — violation, penalty.
Section 304.014 - Rules of the road to be observed.
Section 304.015 - Drive on right of highway — traffic lanes — signs — violations, penalties.
Section 304.016 - Passing regulations — violations, penalties.
Section 304.017 - Distance at which vehicle must follow, penalty.
Section 304.019 - Hand and mechanical signals, violations, penalty.
Section 304.023 - Passing stopped streetcars, penalty.
Section 304.024 - Crosswalks and parking regulations established — signs — violation, an infraction.
Section 304.025 - Highway and vehicle defined.
Section 304.027 - Spinal cord injury fund created, uses — surcharge imposed, when.
Section 304.028 - Brain injury fund created, moneys in fund, uses — surcharge imposed, when.
Section 304.029 - Operation of low-speed vehicles on highway, permitted when — exemptions.
Section 304.031 - Traffic signal preemption system, use of, permitted when — violations, penalty.
Section 304.040 - Failure to stop, penalty.
Section 304.044 - Buses and trucks not to follow within three hundred feet — penalty.
Section 304.070 - Violation of section 304.050, penalty.
Section 304.075 - School bus signs to be removed, when — misdemeanor.
Section 304.076 - Head Start buses to bear signs.
Section 304.079 - Use of designated disabled parking spaces, when.
Section 304.110 - Violation of sections 304.080 to 304.110, penalty.
Section 304.120 - Municipal regulations — owner or lessor not liable for violations, when.
Section 304.125 - Traffic violation citation quota prohibited--exception.
Section 304.140 - Penalty for violations.
Section 304.152 - Roadside checkpoints and roadblock patterns based on vehicle type prohibited.
Section 304.159 - Municipality may prohibit storage of certain vehicles, exceptions.
Section 304.160 - Glass, tacks, injurious substances, duty to remove from highway, when — penalty.
Section 304.172 - Fire-fighting equipment exempt from size restrictions.
Section 304.181 - Buses, axle weight limits.
Section 304.200 - Special permits for oversize or overweight loads — rules for issuing — when valid.
Section 304.210 - Reduction of maximum weight by highways and transportation commission — notice.
Section 304.220 - Weight limits on county roads and bridges reduced, when — penalty for violation.
Section 304.230 - Enforcement of load laws — commercial vehicle inspectors, powers.
Section 304.250 - Restriction on use of metal-tired vehicles — penalty.
Section 304.260 - Tractors exempt — designation of truck routes by commission.
Section 304.271 - Observance of traffic-control devices — presumptions — penalty.
Section 304.285 - Red light violations by motorcycles or bicycles, affirmative defense, when.
Section 304.289 - Timing of signals, minimum interval times to be established.
Section 304.291 - Rules for pedestrians controlled by special signs.
Section 304.301 - Rules for vehicular traffic controlled by flashing signals — violation, penalty.
Section 304.311 - Observance of lane — direction — control signals.
Section 304.331 - Alteration or removal of traffic-control devices prohibited.
Section 304.341 - Turns at intersection — violation, penalty.
Section 304.361 - Penalty for violation of sections 304.271 to 304.351.
Section 304.373 - Hazardous materials, requirements for transportation — violations, penalties.
Section 304.570 - Penalty for violations.
Section 304.580 - Definitions.
Section 304.590 - Travel safe zone defined — doubling of fine for violation in — signage required.
Section 304.665 - Riding in open bed of truck prohibited, when, exceptions, penalty.
Section 304.678 - Distance to be maintained when overtaking a bicycle — violation, penalty.
Section 304.890 - Definitions.